13-year-old California native, Jahi McMath, is still hooked up to machines and considered brain dead after suffering complications from a tonsillectomy she received on Dec. 9.

Doctors at the Children’s Hospital of Oakland, say there is no hope for any type of recovery. “No amount of prayer, no amount of hope, no amount of any type of medical procedure will bring her back,” said Sam Singer, Children’s Hospital of Oakland spokesman, according to CNN. “The medical situation here, in this case, is that Jahi McMath died several weeks ago”.

However, family members disagree. They believe that McMath is still alive in need of more time and extensive care to become fully functional again. So, when doctors tried to take McMath off life support, the family filed suit.

“My daughter is breathing, she moves when I touch her,” said Nailah Winkfeild, mother of McMath. “How can they possibly say my daughter is dead?”

A judge ruled that McMath will remain on life support. The family was once considering relocating the child to a facility in Long Island, New York but have since moved McMath to an undisclosed facility.

Family members are now are focusing all their attention on McMath’s recovery instead of focusing on the media attention, said the family’s attorney, Christopher Dolan.

Experts suspect that McMath’s case will become the center of a debate over what physical state is considered “dead” in the case of children and abortion cases.